United States Ninth Circuit

In a drug possession prosecution, denial of petitioner's habeas petition is affirmed where, in view of the relatively low number of peremptory challenges that the prosecutor exercised against African-American jurors, the prosecutor's ability to justify her other peremptory challenges with specificity and to the state court trial judge's satisfaction, as well as the fact that two African-American jurors remained on the jury and a third was a prospective juror, the state court of appeal's denial of petitioner's Batson claim was not contrary to Supreme Court precedent or an objectively unreasonable application of such precedent.

Appellate Information

• Argued 08/31/2009
• Decided 10/30/2009
• Published 10/30/2009

Judges

• GOULD, Circuit Judge:, Before:  RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges, and OWEN M. PANNER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Shawn R. Perez, Law Offices of Shawn R. Perez, Las Vegas, NV, for appellant, Erick Raymundo Gonzalez.


• For Appellees:
  
• David F. Glassman, Office of the Attorney General of California, Los Angeles, CA, for appellees, Edmund G. Brown, John Marshall and State of California.